HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 1 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to contacting consumer debtors; 2
creating s. 559.721, F.S.; prohibiting contacting 3
debtors in certain situations; providing requirements 4
for different types of debtors; specifying the length 5
of time of each prohibition; amending s. 559.565, 6
F.S.; providing for enforcement actions against out -7
of-state consumer debt collectors; amending s. 8
559.725, F.S.; providing for administrative duties 9
concerning consumer complaints; amending s. 559.77, 10
F.S.; providing civil remedies for violations; 11
providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Section 559.721, Florida Statutes, is created 16
to read: 17
559.721 Prohibitions on contacting debtors. —In collecting 18
consumer debts, no person registered under s. 559.553 shall: 19
(1) Contact a debtor regarding a debt that arises from 20
documented elder and economic abuse. 21
(a) Documented elder and economic abuse occurs when both 22
of the following apply: 23
1. The debtor, or a person with fiduciary responsibility 24
over the debtor, has alleged in a police report that the debtor 25
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 2 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
has been the victim of elder abuse by a specified alleged 26
perpetrator. 27
2. The debtor, or a person with fiduciary responsibility 28
over the debtor, provides the person with a signed affidavit, 29
under penalty of perjury, swearing that the following are true: 30
a. The debtor was the victim of elder abuse as documented 31
in a police report. 32
b. As a result of alleged elder abuse, the debtor was 33
compelled to incur debt or was provided credit that the debtor 34
would not otherwise have incurred in the absence of the abuse or 35
exploitation, including, but not limited to, the debtor's 36
identity being stole n. 37
c. The debt that is the subject of the person's contact 38
with the debtor is a debt incurred solely because of elder 39
abuse. 40
(b) The prohibition in this subsection applies: 41
1. For 2 years after the affidavit under subparagraph 42
(a)2. is provided to th e person; or 43
2. Indefinitely if the perpetrator has been convicted of a 44
crime relating to elder abuse arising from the conduct 45
referenced in the police report. 46
(2) Contact a debtor regarding a debt that arises from 47
documented human trafficking and econ omic abuse. 48
(a) Documented human trafficking and economic abuse occurs 49
when the following apply: 50
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 3 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Official documentation, as defined in s. 943.0583(1), 51
shows at least one incident of human trafficking has occurred in 52
which the debtor is listed as a victim or the debtor received 53
relocation assistance under s. 960.199. 54
2. The debtor provides the person with a signed affidavit, 55
under penalty of perjury, swearing that the following are true: 56
a. The debtor was the victi m of human trafficking as shown 57
in official documentation or there has been a determination that 58
the debtor should receive relocation assistance under s. 59
960.199. 60
b. As a result of human trafficking, the debtor was 61
compelled to incur debt or was provided credit that the debtor 62
would not otherwise have incurred in the absence of the abuse or 63
exploitation, including instances in which the debtor's identity 64
has been stolen. 65
c. The debt that is the subject of the person's contact 66
with the debtor is debt inc urred solely because of and during 67
the period of human trafficking. 68
(b) The prohibition in this subsection shall apply: 69
1. For 2 years after the affidavit under subparagraph 70
(a)2. is provided to the person; or 71
2. Indefinitely if the perpetrator has been convicted of a 72
crime relating to human trafficking as alleged in the official 73
documentation. 74
(3) Contact a debtor regarding debts that arise from 75
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 4 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
documented identity theft. 76
(a) Documented identity theft occurs when the following 77
apply: 78
1. The debtor provides a Federal Trade Commission identity 79
theft report stating that the debtor is the victim of identity 80
theft. 81
2. The debtor provides the person with a signed affidavit, 82
under penalty of perjury, swearing that the following are true: 83
a. The debtor was the victim of identity theft as 84
documented in the Federal Trade Commission identity theft 85
report. 86
b. As a result of identity theft, the debt was incurred in 87
the debtor's name but in no way benefited the debtor. 88
c. The debt that is the subject of the person's contact 89
with the debtor is debt incurred solely because of identity 90
theft. 91
(b) The prohibition in this subsection applies 92
indefinitely. 93
(4)(a) Contact a debtor upon receiving notice that the 94
debtor is protected by an injunction for pr otection against 95
exploitation of a vulnerable adult under s. 825.1035. 96
(b) The prohibition in this subsection applies 97
indefinitely. 98
(5)(a) Contact a debtor regarding debts that arise when 99
the debtor was in foster care. 100
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 5 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) This prohibition applies af ter the debtor provides the 101
person with a signed affidavit, under penalty of perjury, 102
swearing that the following are true: 103
1. The debtor was in foster care, as defined in s. 39.01. 104
2. The debt that is the subject of the person's contact 105
with the debtor was incurred during the time when the debtor was 106
in foster care. 107
(6) Nothing in this section relieves a debtor from a debt 108
he or she has incurred as a result of a crime. 109
Section 2. Subsection (2) of section 559.565, Florida 110
Statutes, is amended to read: 111
559.565 Enforcement action against out -of-state consumer 112
debt collector.—The remedies of this section are cumulative to 113
other sanctions and enforcement provisions of this part for any 114
violation by an out-of-state consumer debt collector, as defined 115
in s. 559.55(11). 116
(2) A person, whether or not exempt from registration 117
under this part, who violates s. 559.72 or s. 559.721 is subject 118
to sanctions the same as any other consumer debt collector, 119
including imposition of an administrative fine. The regi stration 120
of a duly registered out -of-state consumer debt collector is 121
subject to revocation or suspension in the same manner as the 122
registration of any other registrant under this part. 123
Section 3. Subsection (2) of section 559.725, Florida 124
Statutes, is amended to read: 125
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 6 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
559.725 Consumer complaints; administrative duties. — 126
(2) The office shall inform and furnish relevant 127
information to the appropriate regulatory body of the state or 128
the Federal Government, or The Florida Bar in the case of 129
attorneys, if a person has been named in a consumer complaint 130
pursuant to subsection (3) alleging violations of s. 559.72 or 131
s. 559.721. The Attorney General may take action against any 132
person in violation of this part. 133
Section 4. Subsections (1) and ( 2) of section 559.77, 134
Florida Statutes, are amended to read: 135
559.77 Civil remedies. — 136
(1) A debtor may bring a civil action against a person 137
violating the provisions of s. 559.72 or s. 559.721 in the 138
county in which the alleged violator resides or has his or her 139
principal place of business or in the county where the alleged 140
violation occurred. 141
(2) Any person who fails to comply with any provision of 142
s. 559.72 or s. 559.721 is liable for actual damage s and for 143
additional statutory damages as the court may allow, but not 144
exceeding $1,000, together with court costs and reasonable 145
attorney attorney's fees incurred by the plaintiff. In 146
determining the defendant's liability for any additional 147
statutory damages, the court shall consider the nature of the 148
defendant's noncompliance with s. 559.72 or s. 559.721, the 149
frequency and persistence of the noncompliance, and the extent 150
HB 113 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0113-00
Page 7 of 7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to which the noncompliance was intentional. In a class action 151
lawsuit brought under t his section, the court may award 152
additional statutory damages of up to $1,000 for each named 153
plaintiff and an aggregate award of additional statutory damages 154
up to the lesser of $500,000 or 1 percent of the defendant's net 155
worth for all remaining class mem bers; however, the aggregate 156
award may not provide an individual class member with additional 157
statutory damages in excess of $1,000. The court may award 158
punitive damages and may provide such equitable relief as it 159
deems necessary or proper, including enjoi ning the defendant 160
from further violations of this part. If the court finds that 161
the suit fails to raise a justiciable issue of law or fact, the 162
plaintiff is liable for court costs and reasonable attorney 163
attorney's fees incurred by the defendant. 164
Section 5. This act shall take effect July 1, 2023. 165